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TITLE OF BILL: An act to amend the penal law, in relation to identity theft and related crimes

PURPOSE: This bill enhances the criminal classifications for identity theft and related crimes.

SUMMARY OF PROVISIONS:

Section one amends subdivision 2 of section 190.78 of the penal law to change the crime of identity theft in the third degree from being a class A misdemeanor to a class E felony.

Section 2 amends the closing paragraph of section 190.79 of the penal law to change the crime of identity theft in the second degree from being a class E felony to a class D felony.

Section 3 amends the closing paragraph of section 190.80 of the penal law to change the crime of identity theft in the first degree from being a class D felony to a class C felony.

Section 4 amends the closing paragraph of section 190.85 of the penal to change the crime of unlawful possession of a skimmer device from an A misdemeanor to a class E felony.

Section 5 amends the second undesignated paragraph of section 190.86 of the penal to change the crime of unlawful possession of a skimmer device from a class E felony to a class D felony.

Section 6 amends the closing paragraph of section 190.80-a of the penal to change the crime of aggravated identity theft from a class D felony to a class C felony.

Section 7 amends the second undesignated paragraph of section 190.81 of the penal law to change the crime of unlawful possession of personal identification information in the third degree from a class A misdemeanor to a class E felony.

Section 8 amends the second undesignated paragraph of section 190.82 of the penal law to change the crime of unlawful possession of personal identification information in the second degree from a class E felony to a class D felony,

Section 9 provides that this act shall take effect on the first of November after it shall have become law and shall apply only to offenses committed after such a date.

JUSTIFICATION: The last six months has had the news media filled with stories of data breaches in data security surrounding some of our most famous retailers such as Target and Neiman Marcus. In the case of the Target data breach it is estimated that the breach affected almost 110 million customers of the retail chain and apart from the devastating effects the breach has had on customers the breach has cost Target $17 million and has caused customers to steer clear of the chain as the company's net earnings were down 46%. According to data compiled by the Consumer Bankers Association and the Credit Union National

Association the cost of replacing credit and debit cards impacted by the breach costs around $200 million. According to the most recent reports the Neiman Marcus breach affected about 350,000 customers and of that 9,200 of the cards that have been compromised are believed to have been used fraudulently since the breach occurred. The impact on the customers affected, the stores involved and the financial institutions that issue the cards is enormous and identity theft and credit card fraud is a lucrative business. The penalties faced by those individuals brazen enough to commit such crimes must be increased so that the punishment adequately fits the crime.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: First of November after it shall become law and shall apply to all offenses thereafter.

Text

STATE OF NEW YORK
________________________________________________________________________
6826
IN SENATE
March 14, 2014
___________

Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to identity theft and related
crimes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 190.78 of the penal law, as added
by chapter 619 of the laws of 2002, is amended to read as follows:
2. commits a class [A misdemeanor] E FELONY or higher level crime.
S 2. The closing paragraph of section 190.79 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
Identity theft in the second degree is a class [E] D felony.
S 3. The closing paragraph of section 190.80 of the penal law, as
added by chapter 619 of the laws of 2002, is amended to read as follows:
Identity theft in the first degree is a class [D] C felony.
S 4. The closing paragraph of section 190.85 of the penal law, as
added by chapter 279 of the laws of 2008, is amended to read as follows:
Unlawful possession of a skimmer device in the second degree is a
class [A misdemeanor] E FELONY.
S 5. The second undesignated paragraph of section 190.86 of the penal
law, as added by chapter 279 of the laws of 2008, is amended to read as
follows:
Unlawful possession of a skimmer device in the first degree is a class
[E] D felony.
S 6. The closing paragraph of section 190.80-a of the penal law, as
added by chapter 226 of the laws of 2008, is amended to read as follows:
Aggravated identity theft is a class [D] C felony.
S 7. The second undesignated paragraph of section 190.81 of the penal
law, as added by chapter 619 of the laws of 2002, is amended to read as
follows:
Unlawful possession of personal identification information in the
third degree is a class [A misdemeanor] E FELONY.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14419-02-4

S. 6826 2

S 8. The second undesignated paragraph of section 190.82 of the penal
law, as added by chapter 619 of the laws of 2002, is amended to read as
follows:
Unlawful possession of personal identification information in the
second degree is a class [E] D felony.
S 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall apply only to
offenses committed on or after such date.

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